Business contract

[Timeliness] Effective [Regulatory Name] Commercial Contract [Regulation Classification] Contract [Text]
Commercial contract number: ____
date:____
buyer:____
Telegram: ____ Telex: ____
Seller: ____
Telegraph: _____ telex: ____
Pursuant to the terms of this contract, the buyer agrees to purchase, the seller agrees to sell the following products, and hereby sign.
1. Product Specifications:____
unit:____
unit price:____
Total price: ____
total amount:____
2. Country of origin and production plant: ____
3. package:
It must be packed in sturdy raft or carton. It is suitable for long-distance shipping/mailing/air transportation and adapting to climate change. And has good moisture and earthquake resistance.
The seller shall compensate for the total loss caused by damage to the goods caused by poor packaging or due to poor protection measures.
The package should be accompanied by complete maintenance and operation instructions.
4. Shipping mark:
The seller shall mark the box number, gross weight, net weight, length, width and height on each container with the words "moisture proof", "careful handling", "this face up" and shipping:
5. Shipping date: ____
6. Shipping port: ____
7. Unloading port: ____
8. Insurance:____
It is insured by the buyer after shipment.
9. Payment terms:
There are three cases:
Adopt a letter of credit:
The buyer receives the seller's delivery notice (see clause 11a of this contract for details), and the ______ bank shall issue an irrevocable letter of credit with the same amount as the full amount of the shipment, which is the beneficiary of the seller, 15 to 20 days before the delivery date. The seller must issue a 100% invoice amount to the issuing bank for the sight draft and attach the shipping documents. The issuing bank receives the above draft and shipping documents and pays to pay. The letter of credit is valid for 15 days after the date of shipment.
collection.
After the goods are shipped, the seller issues a sight draft, together with the shipping documents, and submits them to the buyer through the bank where the seller is located and the buyer’s ________ bank.
The direct payment buyer will pay the seller by wire transfer or airmail within 7 days after receiving the seller's shipping receipt.
10. Documents:
A full set of clean ocean bills of lading, marked "freight freight" / "freight prepaid", made a blank endorsement and added to the destination port ____ company.
air transport:
A copy of the air waybill, marked "freight payment" / "freight prepaid", sent to the buyer.
Airmail:
A copy of the airmail receipt will be sent to the buyer.
The invoice is in five copies, indicating the contract number and shipping gimmick, and the invoice is filled in according to the relevant contract.
The packing list issued by the manufacturer is in duplicate.
A quality and quantity guarantee issued by the manufacturer.
The buyer is notified by telegram/letter immediately after shipment.
In addition, within 10 days of the shipment, the seller will send the above documents by airmail, one for the buyer and one for the destination port.
11. Shipping:
F. O. B. Terms:
a. The seller shall notify the buyer by telegraph/letter 30 days before the date of shipment specified by the contract by contract/letter, the contract number, the product name, the quantity, the value, the box number, the gross weight, the packing size and the date of arrival of the goods, so that the buyer can charter the ship.
b. Seller Shipping Agency ____ Company ____
It is responsible for handling charter bookings.
c. ____ The charter company or its port agent is expected to notify the seller of the name of the vessel, the estimated date of loading, the contract number, etc., 10 days before the port of shipment, so that the seller can arrange the shipment. The seller is required to maintain close contact with the ship's agent. The buyer or its agent shall promptly notify the seller when it is necessary to replace the carrier vessel and the vessel in advance and delay the arrival.
If the ship has not arrived within 30 days after the buyer’s notification date, the storage fee and insurance fee will be borne by the buyer after the 30th day.
d. If the carrier arrives at the port of shipment as scheduled, the seller will not be affected by the stocking, and the empty space and demurrage will be borne by the seller.
e. All costs and risks are borne by the seller before the goods pass over the ship's rail and are unloaded from the hook; the goods pass over the ship's rail and are unloaded from the hook, all costs and risks belong to the buyer.
Under the C&F terms:
a. During the shipment period, the seller is responsible for transporting the goods from the port of shipment to the port of destination. Transshipment is not allowed.
b. When the goods are airmailed/airborne, the seller shall notify the buyer of the delivery schedule, contract number, product name, invoice amount, etc. by telegram/letter 30 days before the delivery date specified in Article 5 of this contract. The goods are delivered and shipped, and the seller immediately informs the buyer of the contract number, product name, invoice amount and delivery date by telegram/letter, so that the buyer can insure in time.
12. If the shipment notices that the goods are fully loaded, the seller shall immediately notify the buyer by telegram/letter of the contract number, product name, quantity, invoice amount, gross weight, ship name and date of departure. If the buyer fails to promptly insure due to the delay of the seller’s notice, the seller will bear all losses.
13. Quality assurance:
The seller warrants that the goods supplied are made of the best materials and superb craftsmanship, the trademarks are new and unused, and the quality and specifications are in accordance with the instructions given in this contract. The warranty period is 12 months from the arrival of the goods to the port of destination.
14. Claim:
Within 90 days from the arrival of the goods to the port of destination, if the quality, specifications and quantity of the goods are found to be inconsistent with the contract, the buyer may, with the exception of those parts that should be borne by the insurance company or the shipowner, the buyer may have a certificate of inspection issued by ____. Replace or claim.
Within 12 months from the date when the seller guarantees that the goods arrive at the port of destination, the buyer will immediately notify the seller in writing and issue a certificate issued by the GS Commodity Inspection Bureau to file a claim for damage caused by poor quality of materials and poor process. The business certificate is the basis of the claim. According to the buyer’s claim, the seller is obliged to immediately remove the defects of the goods, replace the goods in whole or in part, or treat the goods at a reduced price according to the defect.
15. force majeure:
The seller is not responsible for delays or failure to deliver due to force majeure accidents during the manufacture and shipment of the goods. Upon the occurrence of the force majeure event, the seller immediately notified the buyer and sent the certificate issued by the authority of the place where the accident occurred to the buyer for evidence within 14 days of the incident. Even in this case, the seller is still responsible for taking the necessary measures to facilitate delivery as soon as possible.
The buyer has the right to cancel the contract after more than 10 weeks after the occurrence of the force majeure accident and the contract has not been fulfilled.
16. Contract extensions and fines:
Except for the force majeure reasons mentioned in Article 15 of this contract, if the seller fails to deliver on time according to the contract, the buyer may agree to postpone the delivery according to the fine confirmed by the seller, and the payment bank shall reduce the agreed payment amount accordingly, but the fine shall not exceed the late delivery. 5% of the total. If the seller fails to deliver the goods within 10 weeks, the buyer has the right to cancel the contract. Although the contract has been revoked, the seller should still pay the above fine as scheduled.
17. arbitration:
All disputes involving this contract or the execution of this contract shall be settled through friendly negotiation. If the negotiation cannot be resolved, it may be submitted to the ____ Arbitration Commission for arbitration according to the provisional arbitration rules and procedures of the Association. The arbitration will be conducted in ____, and the arbitral award is final and binding on both parties. The arbitration fee shall be borne by the losing party. Arbitration may also be conducted in a third country acceptable to both parties.
18. additional terms:
This contract was originally two copies. Signed by both parties, each holding one, only this statement.
Seller: ____ Buyer: ____
Note: A commercial contract is a general contract. In international trade, if both parties have no special requirements for contractual goods, the content and form of the commercial contract are generally adopted.